Asked in Personal Injury and Car Accidents for Oklahoma

Q: If you where hit by a train at a railroad crossing with zero visibility, who is responsible?

I was approaching a crossing that I cross every day to and from work, I have never seen a train. The tracks where over grown with weeds and the brush on the sides where over grown limiting your ability to see a train approaching. The tracks only have a yield sign, and as I was approaching 1 day, a train was approaching, and by the time they blew their whistle, I slammed on my brakes and managed to stop in the pile of rocks just as the train slammed into the front of my truck. Totaling my truck and causing mental distress their after. Its the first time I seen a train at that intersection, and they just kept moving, even after the police called and tried to get them to stop and come back. Is there legal grounds to get compensated for my truck and mental distress.

1 Lawyer Answer
Melissa  Webb
Melissa Webb
  • Personal Injury Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: Under Oklahoma law you are required to yield at railroad crossings. Accordingly I believe you were at fault notwithstanding the visibility issues particularly since you were familiar with the route and knew there was a RR crossing there. Railroads are maintained by the federal government and you can only sue for tort damages under certain situations. A specific exception is suing for failure to maintain roadways, etc.

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